it's a startling number. 63% of all students suspended in oakland schools are african-american. the school board has entered into agreement with the feds to try to reduce that. i'm christie smith. we'll explain that plan coming up. >> reporter: i'm bob redell. we'll take you live to the south bay where a new railroad overcrossing is set to open in a few hours from now in honor of a little boy that was hit and killed on these tracks years ago. that story coming up. and we've got some fog out there this morning but it will clear quickly by 11:00. scorching summer sizzle. summer does not want to leave the bay area. we'll take you through your very, very hot weekend forecast. and we don't want it to leave either, but we're looking over here, you have to get through friday before you get to the weekend. there's a new incident on 880. and the latest live look outside over san francisco this morning. yes, the moon glistening. >> mysterious. >> halloween is not yet. it's only friday, september 28th, and this is "today in the bay."

it is 5:01. good morning, everybody. happy friday to you all. happy you could be with us. i'm jon kelley. >> and i'm laura garcia-cannon. this morning there's a new plan to bring down the high rate of suspensions for a group of students in the east bay school system. chrissie smith is live where the oakland school district approves a deal to reduce the number of african-american males who actually get kicked out of school. explain it. >> reporter: yeah, good morning to you. the school board unanimously approved this deal late last night, that after the u.s. department of education launched an investigation about four months ago and it specifically looked into oakland unified's zero tolerance policy when dealing with students. it found that it actually may be violating some students' civil rights. specifically right now african-american students make up about 32% of all students in oakland public schools, but they

receive 63% of all the suspensions given out. in may the department of education's office of civil rights looked into whether the district treated black students more harshly than white students. the agreement means that there will be changes happening within the next five years. the district will move towards restorative type discipline instead of zero tolerance. now, instead of the initial 11 schools that they talked about, they'll roll this out in 38 of its 86 schools. what they want to do is bring down the suspension rate overall, including suspensions for african-american and special education students. they'll try and reduce defiance-related suspensions. civil advocates say that it's rather vague. now that the board has gone ahead and approved this, what this means is that the entire federal investigation is over and complete. reporting live in oakland, christie smith, "today in the bay." a marin county school district is all set to remove a

heterosexual marriage policy from its books. this policy was written by the traditional values coalition and adopted back in 1988 as a state law. it requires sex education to emphasize abstinence and teach, among other things, honor and respect for monogamous heterosexual marriage. this is the only district with the language still on the books. the board will vote to change that policy at its october 10th meeting. a south bay principal accused of dealing drugs is expected in court today. 42-year-old eric dean lewis could enter a plea. the principal of montague elementary in santa clara was arrested last week and charged with five felonies, including drug sales and possession. police are still investigating but do not think lewis sold drugs on campus. a mom is on the run in the south bay this morning, accused of using her 10-year-old daughter to help steal groceries from a safeway in morgan hill.

when police showed up, mom took off, leaving her daughter there to face the music. marla tellez is in the newsroom and has more on exactly who police are looking for. good morning. >> reporter: jon, good morning. morgan hill police say this is not the first time that marcy keelin and her 10-year-old daughter have stolen groceries from a local safeway. the two got away with the crime just a few weeks ago but when they tried it last week, no such luck. safeway employees at the store caught on to the scam and that's when police say the 38-year-old mother took off in the getaway car without her daughter and without the groceries. police say that 10-year-old is now with her grandmother, keelin's mother, who spoke to my colleague. she says keelin is manic depressive, currently lives in wyoming and was just visiting the bay area. >> do you know where she could be right now? >> no. >> i know she lives in wyoming. >> yeah. >> do you think she might be headed over there?

>> no. >> reporter: police say keelin drives a green ford explorer with license late 4-11118. now, the 10-year-old girl is said to be doing fine despite all this and police say she told them she knew what she was doing was wrong, but she didn't want to kidisappoint her mother. it is 5:05. san jose leaders durniturning a tragic accident into a lasting memorial. today a pedestrian bridge will open where a toddler was killed back in 2005. bob redell is live at that bridge this morning with more on how it will help pedestrians safely cross the tracks. good morning, bob. >> reporter: good morning to you, laura. that ribbon-cutting set for 11:00 this morning for what's behind me, a 315-foot long pedestrian overcrossing, the vta, which managed this project, hopes that this bridge along with the new fencing will stop

people from illegally walking over the train tracks here on monterey road near blossom hill. it had been a popular shortcut to get to a shopping center on the other side because the nearest legal crossing is a half mile away. the impetus was the death of a 2-year-old boy almost two years ago. he was struck and killed by an oncoming train at this location. his baby-sitter had left him on one side of the tracks while she went to the other side to retrieve her own child in the stroller. alexander followed her and was run over. this bridge will be named xander's crossing in his honor. this bridge was supposed to be done much sooner but was delayed waiting on funding. the bridge cost $10.5 million. reporting live here in san jose, bob redell, "today in the bay." it is 5:06. meteorologist christina loren is back to tell us about the weekend weather coming up and

temperatures going through the roof. >> hot, yeah, really hot. and it's hard to fathom this if you're just catching up to this newscast. you haven't watched it so far this week. i want to tell you right now it's been really nice especially in san jose. it's going to be downright hot. hot enough for heat exhaustion. from san francisco to san jose we have quite a bit of cloud cover this morning. stronger onshore flow but this is the last day of 90s. i'm talking about low 90s inland, even above average for today, soaring as we head through tomorrow. i want to show you more of your current temperatures. campbell 62, santa teresa at 63. a very mild start with help to boost your numbers up toward that 90-degree mark later on today in the extreme east bay. we're forecasting upper 70s in san jose and it's going to be nice. so the fog will be at its worst between 7:00 and 8:00 and completely clear conditions over the peninsula. then watch what happens, that marine layer slides to the south

and once it clears as we head through tonight, it is not going to be able to reform. potentially until next week and we are talking about major changes at the end of next week. so things are going to get very interesting around here. 77 in san jose today, 90 in livermore, 91 in fairfield. i'll show you the seven-day outlook. three of the seven days reflect triple-digit plus heat and then we've got rain showers on that same seven-day so stay tuned for that. first let's check your drive. good morning, mike. >> good morning, christina. yes, those temperatures almost in the 100 area in a lot of spots. i've got to get the halloween costume ready. oakland, we're looking at a smooth drive. we're watching 880 because the volume of traffic is starting to pick up but not a major concern yet. headlights heading down towards davis, there is a disabled vehicle sticking out into the slowing. a little slowing approaching as crews arrive. that may be the case the next

few minutes. the slowdown starting now out of the altamont pass for westbound 580. not a major concern, typical build for a friday here into livermore. a live look outside will show you the south bay. here is northbound 101 underneath that 680/280 interchange, a smooth drive. i'll give you a look at the slowing we saw in the next report. back to you. construction delays are not just limited to bay area roadways this weekend. one of sfo's two main arrival runways will be closed from tonight at 10:00 until monday morning at 8:00 a.m. the runways are shut down so crews can work and upgrade lights, signs and infrastructure. the changes are within federally mandated statutes. now, sfo has shut down that runway the past two weekends and this marks the final planned shutdown. you got construction, i have free ice cream and cake. not me, but it is for some b.a.r.t. riders this weekend in celebration of the transit system's 40th birthday.

crews will be handing out ice cream and bundt cakes tomorrow. if you want a taste, be at san francisco's pal or oakland's rockwood stations between 1 and 4 p.m. >> my all-time favorite price, $3.99. it is 5:10. a bay area community college not just cutting classes to balance the budget but closing campuses. we have all the details coming up next. plus bad labor practices. the new accusations surrounding one of the contractors for the america's cup. and is iran behind the attack on your bank? we'll take a look ahead in business news. those three little words: chevron with techron. care for your car.

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morning. those hack attacks against bank websites may be bigger and better funded than first thought. business and tech reporter scott mcgrew here. scott, an islamic group claiming responsibility but it may have help? >> the attacks really honestly are not very sophisticated, the type of thing maybe a talented school kid could do and has done in the past but nbc quoting unnamed sources says the true operator may be very sophisticated. it may be iran. the islamic group claims responsibility for slowing or shutting down websites like chase and wells fargo, but again, the accusation is there's a country behind it. the attacks throw up a lot of information at the site to gum it up. they don't actually get inside and see your private information, you're just inconvenienced. in america, those types of attacks are basic enough that people who do it earn the name script kitties. not a compliment. a new study by the federal

agencies tells us what we already knew. the longer you're unemployed, the harder it is to get a job but there is a limit to how low your chances get. after eight months the bureau of economic research says, the chances of getting a job bottom out. after that nine months, ten months, it doesn't matter. let's get a look to friday's markets and bertha coombs at cnbc. good morning. >> reporter: i'm still pondering script kitty. i learn something new every day. thank you, scott. futures this morning are kind of flat. yesterday we finally saw the major indexes break their losing streak. investors reacted positively to spain's new austerity budget which relies more heavily on spending cuts and tax hikes, not popular in madrid or elsewhere but that is going to help them in terms of getting the funding they need. u.s. data also showed fewer people filing for up employment last week. overnight we had asian markets mixed, europe is a little higher this morning and we'll get a lot of data this morning as well.

personal spending and income, manufacturing and consumer sentiment. the dow will start around 13,495. the nasdaq at 3136. one of the things that isn't rising and that may be helping the housing markets. that's mortgage rates setting another record low. freddie mac says the average rate on a 30-year loan is 3.4%. the decline may well be due to the fact the federal reserve is starting to buy $40 billion in mortgage securities in an effort to boost the market. we saw pending home sales were down in july but part of the reason was there wasn't enough inventory. that's hard to believe, isn't it? >> that's amazing. bertha coombs, have a great weekend. jon and laura, it's hard to imagine 3.5%, something like that. our parents, 15%, 16%. how they managed, i cannot fathom. >> you remember the price of

their homes too? >> well, that's a good point. >> thank you. >> we're talking about high prices as far as the weather goes, our heat miser, christina loren, is here for the weekend. >> i've been holding it off until just now. i wanted to shock you this year because summertime was relatively mild when you look at each month. every day you average things out and it was a mild summer. as you know, we haven't had any crazy fires in the immediate vicinity, the bay area. so far, thank goodness, it's been pretty tranquil. we have some changes ahead and they are going to be very sharp turns in your weather forecast. that was san francisco, mostly cloudy. we are mostly clear in san jose to start and temperatures are mild. we're at 56 degrees here. livermore 60 degrees. we are pretty warm in some of your south bay cities like los gatos, and 51 in sunnyvale. here's our system of low pressure. that thing will arrive next week. pushing this big ridge of high

pressure right over the bay area and that means a rapid warm-up ahead. today is not going to be too bad. by tomorrow afternoon you probably want to make those plans if you have the day off to stay by the water, as that will be the coolest place across the bay. i'll show you that seven-day in just a moment. hazy sunshine. you probably noticed the return of the haze. we've got ann inversion over th south bay. in the east bay you can actually see that haze. so unhealthy air quality is in the forecast this weekend, which is not great news if you have ac and want to open up the windows in your home. however, we'll be out of it tuesday into wednesday of next week but we are going to get very hot. 90 in livermore today, 77 not too bad in san jose. look at where we're headed. 97 degrees tomorrow, up to 102 on sunday, peaking at 103 degrees, potentially smashing records on monday inland. look at 75 degrees even in places like pacifica, half moon

bay. that means santa cruz on monday will be in the 80s and that's when the locals start to complain. coastal residents like it cool. let's find out how hot the drive is getting right now with mike. >> good news, it's actually cooled down a bit for the drive. for 101 we had a lot of slowing north past tully. there was no overnight closure like there was earlier this week so we didn't know the reason for that. i still don't know why that showed up but it was clear after maybe five minutes of slowing. so that's good new as you're approaching 680 for that northbound commute. a smooth drive for all the northbound routes, all easy flow of traffic. downtown san jose, we have jason aldean over here. so two jasons in the south bay, kid of school. a look over to the peninsula where we're looking at 101. other on that look we'll see 101 past university avenue shopping center. live look past palo alto and there's a light volume of traffic for 101 northbound with the headlights. southbound equally smooth.

we see a light volume of traffic here, taillights northbound and headlights southbound. equal flow up traffic here. we'll get another live look outside across the golden gate bridge. a little low cloud cover here and there are clouds drifting through some of our camera shots so keep that in mind. still some fog out there. in the city, critical mass's 20th anniversary is tonight so there will be a lot of congestion likely south of market. how's this for a scene. you turn on your commuter and there it is. a notice saying your computer has been frozen and unless you pay up, you will be prosecuted. it's called ransomware and hackers are making a fortune from it. vicky nguyen joins us with more on how this works and how to keep your computer from being hijacked. >> reporter: it's the modern ransom note and your computer is the hostage. hackers get into your computer, freeze your files and change your passwords.

experts say you probably picked up the malware from a risky internet site. once you get it, there are a few things you definitely should not do. it's not the grind they're used to at demosport in san rafael. owner steve maryfield worked hard to build his business 27 years ago. >> oh, this doesn't look good. >> and now he's rebuilding it. >> a screen flashed up with a warning that says you have no access to your server. >> reporter: steve says a hacker took over his computer, freezing two programs he uses to track sales and special orders. >> we have hijacked the files, changed your file extensions, we've changed your passwords. there's no possibility of accessing this data. >> reporter: but the crooks were kind enough to offer him two options. either spend years trying to decode their hack or regain

control for a price. >> you can pay us this ransom, starting with $3,000 immediately and $1,000 for every week, seven days that you fail to comply. >> we're seeing a dramatic increase in ransomware. >> reporter: why is it, is it profitable? >> it is. they can make as much as $50,000 or $60,000 a day. >> reporter: gary davis from a mcafee says the scheme is successful because often it looks like an official notice from the fbi accusing you of a crime. >> they try to scare you. you have inappropriate content, you have stolen content, and that scares people. they feel that the fbi has said we found child pornography on your machine so we blocked it. that really scares people to the very core. >> reporter: and that's why they pay up? >> that's why they pay. >> reporter: you should never pay a ransom. the hackers have probably dropped other viruses onto your

system. the best way to avoid ransomware is to avoid websites you're not familiar with and don't click on a link unless you trust the site. we'll show you more tonight at 11:00 plus more on the fbi's latest warning on ransomware. 5:22. california's largest community college closing two campuses in hopes of avoiding a possible shutdown. san francisco city college will shut the castro campus. classes will be relocated. trustees made that decision last night as part of a plan to keep the school from losing it's accreditation next year. the accrediting team reportedly blaming the school for spending beyond its means. the school must address its financial instability by march 15th. there are some new accusations this morning. america's cup contractors are employing bad labor practices. san francisco city agencies are investigating an event production contractor caught paying its workforce less than

the city's minimum wage. the inquiries were prompted by complaints from local unions who say the terms of a lab or agreement between city hall and the sailing regatta are being ignored. the pact requires the hiring of 20% local workers and paying the city's minimum wage. it's 5:23. a lot more ahead this friday morning. we'll be right back. [ male announcer ] the magic of nature blooms in every seed,

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b.a.r.t. is teaming up with uc berkeley to make your ride safer. the transit system has tapped into berkeley's seismic recording equipment. they have sensors in more than 200 locations all over california. b.a.r.t. system will react to movements, slowing down or even stopping trains, depending on seismic severity. a uc berkeley seismologist says b.a.r.t. will have had 24

seconds after the loma prieta quake to slow down or stop its trains. in that video we see people with hoods on, puffy coats and parkas, not exactly what christina loren says we'll be wearing this weekend. >> no, you're going to be taking off each of those items if you've had to use them at all. it's been a pretty warm week so far. we've been above average each day and now we are going to soar above average. 90 is pretty hot but that's where you'll be today inland. 80 degrees bayside today, 70 degrees at the coast. and we're still keeping showers on the same seven-day forecast with three days out of the seven in the triple digits. so everything is going to change dramatically. we have a lot to talk about coming up. first we'll check your drive at 5:26. mike is busy too. >> even for a friday we have to get through the commute. picking up the volume westbound with these headlights coming off of the san mateo bridge approaching foster city in san mateo. you can see the high rise here.

if you have a 16 by 9 display, over on the right you see just a couple of headlights. from the hayward side, you see the haze and low clouds kicking in so the view is a little impeded of the peninsula. the bay bridge is looking all right but there's an incident on the upper deck. no slowing so far, guys. we'll sending it back to you. 5:27 right now. a deadly discovery out on highway 101. officers right now just trying to figure out exactly what happened and how a body ended up in the middle of the road. your new light creamy potato with bacon & cheese soup says it's 100 calories a serving. that's right. in what world do potatoes, bacon and cheese add up to 100 calories? your world. my world. ♪ [ whispers ] real bacon...creamy cheese... [ whispers ] 100 calories... say it again... [ whispers ] 100 calories... ma'am, hello? ma'am? [ female announcer ] find progresso light for a great price today at your local safeway store.

new this morning, police in the south bay are still looking for the mother they say used her 10-year-old daughter to steal some groceries. i'm marla tellez with that story still ahead. >> reporter: and the oakland school board enters an agreement with the feds to try and reduce the student suspension rate. we'll tell you who's being suspended most often. i'm christie smith. that story coming up. and cue the saxophone, the

heat is on this weekend. 90s inland, 80s bayside, 70s at the coast. we're talking about 103 degrees inland by sunday. your full forecast in moments. >> i just got that song in my head now. looking at the bay bridge, we do have reports of a stalled vehicle on the upper deck. we'll check on the effects for your morning commute. right now a live look outside. it's so dark i'm not even sure exactly what that is. san jose. okay, it looks good to me in the dark. it is friday, september 28th. this is "today in the bay." good morning to you and thanks for joining us. 5:30. i'm laura garcia-cannon. >> and i'm jon kelley. good morning, everybody. a mother is in a lot of trouble this morning after police say he used her young daughter to help her steal some groceries and then she ditched her girl when the cops came. marla tellez is in the newsroom with more on who exactly the police are looking for.

good morning. >> reporter: jon, good morning, morgan hill police say marcy keelin was not willing to get into trouble when she sacrificed her 10-year-old daughter for her own gain. police say keelin and her daughter filled a grocery cart with about $150 worth of groceries at the safeway store in morgan hill. instead of paying, investigators say the mother instructed her daughter to wait at the store's front door until she pulled up in the getaway car. safeway employees caught on to the scam and police say when the mother saw this, she just drove off, leaving the 10-year-old behind. that little girl is now staying with her grandmother in morgan hill who spoke with us about her daughter's mental hill. >> my daughter is manic depressive and i think she's in a manic phase. that's really all i know. >> reporter: courtney duncan says her daughter lives in wyoming and was just visiting the bay area. she drives a green ford explorer with a wyoming license plate. that number is 4-11118.

she has brown hair, brown eyes. she's 5'11" and weighs about 200 pounds. if you see marcy keelin, call morgan hill police. as for her daughter, her grandmother says the 10-year-old is doing just fine. >> thank you very much. it's 5:32. new this morning, highway 101 in redwood city back open after a deadly accident overnight. officers arrived on northbound 101 just north of marsh road after midnight after reports of a road hazard. when they got there, they found a car blocking a lane with no lights on and a body was in the road. officers closed three lanes of northbound 101 for more than two hours while they collected evidence. they're still trying to determine if it was a hit and run or a solo accident. this morning police in novato are looking for a witness to a crash that killed a young girl who was out riding her bike. we have a live look at the memorial for a 12-year-old girl hit by an suv about 3:00 yesterday afternoon. this happened less than a half mile from san marin high school.

she was flown to children's hospital of oakland where, sadly, she later died. now, that driver did stop at the scene and is right now cooperating with police, but officers would also like to talk to any witnesses who may have seen this so they can try to piece together exactly what happened. well, today marking a somber anniversary in east palo alto. one year ago today young 6-year-old sierra torres was run over at a crosswalk on her way to school. the driver was not charged in this case. neighbors say it's a very dangerous intersection. that accident triggered a public call for better safety measures and a stop sign at that intersection. after a study of the area, the city finally installed some flashing lights on the crosswalk and the intersection has warning signs now. it also eliminated some of the curbside parking to hopefully improve driver sight lines. san jose leaders are turning a similar tragedy into hope. today a pedestrian bridge will actually open near a stretch of train tracks where a toddler was

killed back in 2005. bob redell joins us live from that bridge this morning with more on how to now help pedestrians safely cross the tracks. good morning, bob. >> reporter: good morning to you, laura. yes, ribbon-cutting for this new pedestrian overcrossing just over five hours from now. we're here at monterey road near blossom hill. this pedestrian overcrossing crosses some train tracks. they also put new phelpsifencin. vta is hoping it will stop people from crossing those tracks. it's been a popular shortcut to get to a shopping center that's on the other side because the nearest legal crossing has always been a half mile away. but it's also very dangerous. the final straw, the impetus for this overcrossing was the death of a 2-year-old boy almost seven years ago. he was struck and killed by an oncoming train at this location. what had happened is his baby-sitter left him on one side of the tracks while she went to the other side to retrieve her

own child who was in a stroller. alexander followed her and was run over. >> this is the greatest example of one life lost being too many. people came together as a community, the city, vta, we came together, got this bridge done. tomorrow will be the culmination of all those hard efforts. >> reporter: and tomorrow is already here. as i said, the ribbon-cutting this morning at 11:00. the bridge will be named xander's crossing in his honor. his mom is expected to speak at this morning's opening ceremony. the bridge was supposed to be finished much sooner but was delayed while waiting on a huge chunk of funding. the bridge cost roughly $10.5 million, most of it coming from state proposition b money. reporting live here in san jose, bob redell, "today in the bay." it is 5:35. right now a big change is happening to the oakland school district. the board made a deal with the federal government to reduce the number of students it suspends.

christie smith is live in oakland with details on this agreement and what it will now mean for the students there. christie, good morning. >> reporter: good morning to you, jon. yeah, late last night the board unanimously approved this agreement with the office of civil rights. as you said, the goal really is to reduce overall suspensions here in oakland, but that includes african-american students as special ed students who they found are much more likely to be sent home. the numbers are surprising. african-american students make up about a third of oakland public school students, but they receive 63% of all the suspensions given out. the u.s. department of education launched an investigation into this back in may, into whether the district treated black students more harshly than white students. now that the board has approved this agreement what, this means is that the investigation stops at a five-year action plan starts to move toward to what they're calling restorative justice and reject their old zero tolerance policy punishment

plan. instead they'll work on things like conflict resolution, classroom management, new teacher training. this goes for every high school and middle school and as part of the resolution, the feds will keep their own data on this disciplinary plan. reporting live in oakland, christie smith, "today in the bay." >> thank you very much. getting ready for the forecast for this weekend. it's going to be a warm one. very hot. >> hot, hot, hot. pull out all your hot weather songs, post them on our facebook page, why don't you. everyone wants to chime in. what's your favorite? >> i just thought of hot in the city. >> six miles of visibility in san jose and we are dropping off. we'll continue to drop off between the hours of 7:00 and 8:00. yeah, it's going to be pretty thick this morning. not quite as close to the surface as yesterday so we're not expecting as much drizzle,

but you can see here up and down the coastline, you're going to be close to that cloud cover pretty much all day long. you'll see that blanket of low clouds hugging the coastline. hence, a little cooler this afternoon than yesterday but once that marine layer clears as we head through tonight, it is not going to be able to reform even to 1500 feet potentially until we get into next wednesday and thursday. the storm system approaches. but high pressure is moving in quickly. it's going to drive those winds offshore. as a result, we get those dry, northerly downsloping winds that warm as they pump from land to sea and that pushes that marine layer right back into the pacific. 90 degrees today, closer to 100 tomorrow inland. 76 bayside, closer to 85 tomorrow. and at the coast, you're already going to be close to 70. as we head through tomorrow, closer to 80 degrees. so we peak on monday. we'll show you how hot it's going to get in your city, if you have the potential of breaking any records. then here's the kicker, showers

at the end of that seven-day forecast. so you can also incorporate some of your favorite rainy songs if you'd like to on our facebook page. i know mike's is "singing in the rain," isn't it? >> i love that movie and dance numbers. we're looking over here and it is nighttime still. really it's before dawn. as you're approaching the bay bridge, we're building up the volume here. my concern as we show you on the map is just west of treasure island. reports of a disabled vehicle just past the tunnel and currently blocking one lane. that light volume keeps you moving smoothly into the city but watch that the next few minutes. down to the south bay we still see no major slowing for 101 past tully but did see earlier flow as far as that disruption goes. now we're going back to the city and i wanted to show you also an activity. it's not a giants game, it's pier 48. oktoberfest by the bay south of market. in conjunction with the fact this is critical mass today, that takes place south of market

as well so from s6:00 p.m., it happens every final friday of the month. we'll end with a look at palo alto. >> a planned coincidence. >> i like that a lot. >> thank you. it's 5:40. a lawsuit with national impact. dozens of military veterans gathering in san francisco to file suit against the secretary of defense. also the new law that protects state college students from surprise tuition hikes. [ female announcer ] pillsbury crescents on their own are wonderful

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no, we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver. only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible. welcome back. it's 5:42. a lawsuit will be filed in san francisco federal court this morning on behalf of more than 20 u.s. veterans. they say they were sexually assaulted while on active duty and the military simply turned a blind eye to it all. the 20 are suing defense secretary leon panetta as well as the secretaries of the u.s. army and navy.

the suit claims all three branches failed to protect them from sexual assault while they were on active duty. immediately after that filing, the vets will be joined by their attorney and congresswoman jackie spear for a press conference. this morning we're getting a better idea of how the presidential race is shaping up. as we reported this week, president obama has a healthy lead in some battleground states, but a new nbc poll shows the race much tighter in others. tracie potts is live on capitol hill with a look at where the race stands this morning. good morning. >> reporter: laura, good morning. we're talking nevada, new hampshire and north carolina. these new polls by nbc, the nbc/wall street journal polls find that president obama has a very slim lead, only 2 percentage points within the margin of error in north carolina and out west there in nevada. but in new hampshire, which is the home state for mitt romney, he's got a home there, it's right next door to massachusetts where he was governor, president obama is actually leading by seven percentage points.

so that's where the race stands right now in three of these battleground states. earlier this week we were tracking ohio where the president has a big lead, florida where he's got a slim lead, virginia where he seems to have a very slim lead. so this race still very much in play. they both released new ads this week, the president and mitt romney, as they continue to campaign before that first debate on wednesday. >> thanks so much, tracie. starting this january college students will get advance warning about tuition hikes heading their way. governor jerry brown has signed ab-970 that requires officials at uc and csu schools to talk to students at least 30 days before they announce plans to increase tuition fees. it also requires a 90-day period between the approval of an increase and when it actually would take effect. an those new rules will kick in january 1st. 5:44 right now. what's going to kick this this weekend is the turbo chargers on

the heat. >> the air conditioning better kick in. >> triple digits. >> ac will be working hard to keep your home at 72. if you like it at 72, your ac is going to be working really hard. out in the tri-valley, it's not going to be that bad. here at san jose or at the immediate coast or inner bay, we're going to be pretty mild but we'll see temperatures soar, especially in the central valley. if we're talking about temperatures here in the bay area 103 degrees on monday, which i'm forecasting in places like livermore, that usually equates to 110, 115-degree readings down south, so it could be much worse. 5:45. i wanted to start with this foggy picture of san francisco. we actually had pretty good visibility just about a half hour ago so that's just an indication of how fog works. it kind of swirls around. as we head throughout the morning hours, we'll continue to see that trend. so this morning pretty cool out there. 60 in sunnyvale, 56 in san jose.

the hot spot will be the tri-valley, as per usual, and we're talking about readings that could smash potential records that have been set monday looks like the hottest day but sunday will be just about as hot. as we head through today, not too bad. if you have outdoor plans you've been putting off, washing your car, walking the dog, you want to get him out there today because it's going to be too hot through the weekend. he's a little taste of where we're headed. take your city's temperature today, tack on an additional 5 to 10 degrees and that's what we're expecting tomorrow and then we climb even more so sunday, up to 102 degrees inland. by monday climbing that ladder even more so, up to 103 degrees. then on tuesday, even when we meet back here on tuesday of next week, it's still going to be hot and we could see temperatures actually exceed these readings. so i just want to make sure everybody is ready for this. if you want to head up to camping, make sure your fire is

completely extinguished as we will have high fire danger. we'll talk more about that and the potential for showers next week because those are still in the forecast. it's that time of the year, mike. i get a little excited. >> it doesn't look like you need to build a fire, if you want to cook something, just lay it on a rock. other here heating up just a little bit for the commute. this is 101. this is a slow spot. we'll show you the map. it's really the only slow spot so far for the south bay, your northbound commute right here 101. 280, 880, 87 coming up into downtown still moving very smoothly. it's a lighter, later build for fridays as typical. we'll show you the vicinity, a live shot coming down through fremont southbound with the headlights past the shopping center all wait down toward the truck scales. both sides picking up the volume but no slowing all the way up into oakland. an easy drive heading up toward the bay bridge toll plaza as well. as things start to get a little more congested for the cash lanes but not the fastrak.

easy flow down the east shore freeway as well. the disabled vehicle looks like it's just about cleared from the treasure island area. another live look outside, you know what, we'll show you that coming up in the next report. back to you. in a move to help things out, mental health counselors will be on campus at albany middle school talking to students about a popular teacher who was arrested wednesday morning. last night about 100 parents packed the library to find out more about the arrest of james izumizaki who taught sixth grade and gym at the school. he was arrested at his albany home wednesday morning on suspicion of a lewd act with a child under 14. the superintendent arrested -- actually addressed the crowd at a parent meeting last night. >> we are in a very delicate situation of an arrest being made, an allegation being made, but no charges as yet. so you have to be very careful when you talk to kids and when you talk to parents.

>> indeed you do. a substitute will teach izumizaki's classes today. next week the school will resdrr redistribute those students among nine other classrooms. today crews will break ground on a key link to bring b.a.r.t. to the silicon valley. work is about to start on a $2 billion project. the remodel will be in preparation for the b.a.r.t. extension. the improvements include widening mission boulevard, new on and off ramps and a b.a.r.t. bridge that would allow the train to pass overhead. work should get started by spring of 2015. the last friday of every month is critical mass in san francisco and tonight's event is expected to be a lot more crowded than usual. that's because it's the 20th anniversary of the ride. thousands of cyclists expected to meet at justin herman plaza at 6:00 p.m. to hit the road. certainly expect traffic delays.

it began in 1992 to draw attention to bicyclists and urge motorists to share the road. it's back to the bargaining table. efforts to end to n hchl -- nhl lockout. they cancelled all preseason games. that look place yesterday. today the league will be meeting with the players union for a weekend full of talks. hopefully that's very good news. originally this was just scheduled for a one-day talk to take place today. so far the nhl is still conducting things -- business as usual hoping the season will start as scheduled on october 11th. it's 5:50. coming up, how you can have a free day out with your kids. plus who's going to break their arm first on our gadget friday? i'm guessing christina, but we'll see coming up. okay, what'ya havin?

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welcome back, everybody. how are you feeling on a friday? i imagine spectacular. yeah, we have a look over san jose right now. traffic percolating along nice and smooth. mike will fill in all the roads. it is 5:53. yes, it is the perfect weekend to visit a museum with your family because admission to a lot of them are free. tomorrow is national museum day. nearly 1500 museums all across the country will be free to the public. the annual event being sponsored by the smithsonian magazine. here are some of the museums here in the bay area you can visit. hiller aviation, bay area discover museum, cartoon art museum in san francisco, museum of craft and folk art also in san francisco. you get the complete list at smithsoni smithsonianmag.com/museumday.

you can also print free tickets. >> this is our free segment. >> how about more free. 7-eleven offering free coffee this morning so stop in and get your cup of joe on the house. stop at any participating store between 6:00 and 10:00 a.m. get a large hot coffee or hot cappuccino, latte or how about a tea? there will be special cups, you can see there. red or blue depending on who you're voting for, romney, obama. >> where's roseanne barr's cup? >> hers is green. 7-eleven claims they correctly predict the final results. but they did this in 2000, 2004, 2008. check it out. not just freebie friday but gadget friday. gadgets scott mcgrew has not been using. >> and definitely not free either. it is an electric skateboard that goes 25 miles an hour. >> that is awesome! >> 25. we have video showing you how it works because i'm not even going

to stand on it. they're called boosted boards and it's the brainchild of two stanford ph.d.s, wireless remote. they're long boards so they're very smooth and maneuverable, 2.5 horsepower. if you road it to work every day, three miles there, three miles back, you would spend less than $5 in electricity. again, $1200. i've posted more information on our -- >> whoa. >> it's got a tremendous amount of torque. >> forwards and backwards? >> forwards and backwards. this is another one of those kick starter projects. it's exciting to see so many bay area companies having those ideas. it goes right off the stage. having these ideas is very clever and i highly encourage if you're a bay area inventor, if you want to talk to me about these, i think this is neat we are seeing so many gadgets being invented by regular people. >> can you maybe jump the curb?

>> possibly. >> can i hold the control when jon kelley is on it? >> the remote works when you're very, very close for that very reason. >> clear the hallways and that newsroom, we're coming. >> smooth and maneuverable, just like scott mcgrew. >> i say we give it a whirl later. >> i say we go to lombard and you take it all the way down, laura. good morning to you. we've got a good-looking forecast today. if you've been jonesing to ride your skate pourboardskateboard,o for a jog, do it early because we soar tomorrow. 90 inlane, 76 bayside and 69 at the coast. tomorrow triple-digit heat in some cities, halter all the way through monday. we'll take you through the forecast, a lot to talk about. another guy with many tricks up his sleeve, mike -- >> yeah, i fall op skateboards with the best of them.

we'll give you a look at the bay bridge and then a look outside and see how things are shaping up as far as the speed sensors going. past the earlier disabled vehicle reported on the upper deck, the slowing just past treasure island looks like it has cleared. they should have that cleared in the next few minutes. southbound 880 approaching davis, reports of a stall sticking out in the slow lane but the slowing is starting to clear as well so should be no big deal. and a live look outside across the bay, san mateo bridge, nice flow on 92. back to you. still ahead, what b.a.r.t. is doing to try to keep riders safe when the big one hits. i like to score

my designer shoes and handbags early. so i shop at t.j.'s. i get my favorite brands without having to wait for them to go on sale someplace else. done! fashion direct from designers. savings direct to you. t.j.maxx. a minority group making up the majority of school suspensions in oakland. harsh reality facing students and new calls for change just ahead in a live report. a daughter ditched